SF30 Amendment 1 - Responses to Questions RFP 91995920R0004.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Attachment Page

PAGE 2 OF 5 91995920R00040001

REQUEST FOR PROPOSALS # 91995920R0004

STUDIES TO REVIEW AND REVISE NATIONAL ASSESSMENT

OF EDUCATIONAL PROGRESS (NAEP) ACHIEVEMENT

LEVEL DESCRIPTIONS (ALDS) FOR MATHEMATICS,

READING, AND OTHER SUBJECTS

Amendment 1: Responses to Clarification Questions

July 20, 2020

PAGE 3 OF 5 91995920R00040001

RFP# 91995920R0004

The following responses to clarification questions are provided as an amendment to the Request for Proposals (RFP).

General Questions:

1. What is the estimated total value for this effort?

The Department of Education’s online forecast of contract opportunities provides an estimated value of contract dollars as a range of >= $2,000,000 and <$5,000,000, inclusive of all options.

Attachment A: Statement of Work Questions:

Task 5: Conduct Operational Study

2. Page 18 states that “All analyses will be conducted using 2019 NAEP mathematics and reading data for grades 4, 8, and 12.” Please confirm that the data for the NAEP Grade 12 Mathematics and Reading ALD Anchoring Meetings will come from the previous cycle of testing that was successfully assessed during the 2017-2018 school year, as the 2019- 2020 testing window (March-May 2020) for Grade 12 assessments was interrupted by the pandemic this past Spring.

NAEP Mathematics and Reading assessments are conducted from January – March in odd years. The 2019 administration of the Grade 12 assessments in Mathematics and Reading took place during January – March 2019 (during the 2018-19 school year).

There was no planned administration of main NAEP Mathematics and Reading assessments in spring 2020, so this was not impacted by the pandemic. There was a scheduled administration of the Long-Term Trend assessment in spring 2020 for 17-year-olds, and this could not be conducted on schedule due to the pandemic. However, the Scope of Work is related only to main NAEP assessments and is not impacted by changes to the schedule of the Long-Term Trend Assessment for 17-year-olds.

Task 6: Technical Advisory Committee on Standard Setting

3. Will NAGB allow respondents to propose all TACSS meetings planned for the base year to be virtual instead of the requested in-person meetings given the unknown implications caused by COVID-19?

Please propose a work plan and costs for full in-person TACSS meetings, and full virtual TACSS meetings (as an option). If it is safe to do so, it would be preferable to have in person meetings. Clearly, if it is not safe to do so, the TACSS will not meet in person. If conditions do not allow for a meeting in person, a modification shall be issued to the contract.

PAGE 4 OF 5 91995920R00040001

RFP# 91995920R0004

Task 7: Governing Board and Other NAEP Meetings

4. Will NAGB allow respondents to propose attending NAGB meetings virtually in the base year instead of the requested in-person meetings given the unknown implications caused by COVID-19?

Please propose costs for in-person attendance as well as virtual attendance (as an option).

If there is an option for Board members to participate remotely, then we allow contractors to also participate remotely if they prefer. If the meeting is in-person and there is no virtual attendance option, in person attendance is preferred, but shall not be required if the contractor is uncomfortable doing so. If conditions do not allow for in person attendance, a modification shall be issued.

Attachment C: Instructions to Offerors Questions:

5. Can an offeror be included as a contractor on more than one proposal? For instance, can an organization submit one proposal as the prime offeror, and also be a subcontractor on a separate proposal submitted by another prime offeror, or submit as a subcontractor on multiple proposals?

The RFP does not limit such scenarios, see FAR 52.212-1(e)”

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.” Individual consultants may also be bid on multiple proposals based on the individual expertise.

SF 1449 Questions:

6. Clause I.2: 52.212-4 (f) Excusable Delays - With regards to the Excusable Delays clause, does the Customer acknowledge that such delays in performance would not constitute a breach of the contract? Is this correct? If this is not correct, please explain.

This is correct, the contractor is not held liable for default beyond the reasonable control of the contractor such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Please note that the contractor is required to notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of the excusable delay. See https://www.acquisition.gov/content/52249-14-excusable-delays.

PAGE 5 OF 5 91995920R00040001

RFP# 91995920R0004

7. Clause I.2: 52.212-4 (h) Patent Indemnity – The contractor presumes that the obligation to indemnify under this section applies only to the extent that the indemnitor is the cause of the infringement. Is this correct? If not, please explain.

This is correct, this regulation protects the government from contractor actions that create liabilities from alleged or actual violations of United States or foreign patent, trademark or copyright. However, based on the scope of work for this requirement, it is unlikely that patent, trademark or copyright issues would be involved.

8. Clause I.2: 52.212-4 (h) Patent Indemnity - Does the Customer agree that where the infringement is a contributory infringement the Contractor will indemnify the Customer only to the extent of its contributory negligence or willful act leading to the infringement?

Is this correct? If this is not correct, please explain.

Please see the response to Question 7; exceptions and limitation of patent indemnity are specified in FAR 52.227-3(b); see https://www.acquisition.gov/content/52227-3-patent-indemnity. See also FAR Part 27 provisions on patents, data and copyright as well as liabilities and limitations at https://www.acquisition.gov/content/part-27-patents-data-and-copyrights#id1617MD0907Q.

9. Clause I.6: 52.227-17 (c)(1)(i) Rights in Data -- Special Works - We presume that the

Customer is not claiming ownership of (the contractor’s) pre-existing intellectual property or derivative works of that Intellectual Property. Is this correct?

FAR 52.227-17 -- Rights in Data-Special Works provides clear exceptions to such ownership, provided that the contractor gives advance notification. FAR 52.227-17 (c)(2) states “Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.”

10. Clause I.6: 52.227-17 (e) Rights in Data – Indemnity - We presume, that the Contractors’ obligation to indemnify under this provision applies only to the extent that the Contractor is the cause of liability. Is this correct?

The limitations of a contractor’s obligation to indemnify are referenced in our responses to Question 8 above. FAR 27.201 which must be read together with FAR 52.227-17(e).

FAR 52.227-17 (e) specifically references indemnity arising out of violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. Indemnity matters would arise if the alleged violation or violation is caused solely by the contractor; FAR 52.227-17(e) notes that these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

1.2

C:\PERFORM\FORMS\S30.FRP

Forms Management

C:PERFORMFORMSS30.FRP

Acrobat PDFWriter 2.01 for Windows D:19971010095222 D:19990614133004 Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE REQUISITION NUMBER

5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6)

CODE

STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended.

is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY

CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer) Previous edition unusable

800 North Capitol Street NW, Suite 825 Washington DC 20002-4233